Gauhati High Court
Crl.Pet./1026/2026 of MINTU ALI Vs THE STATE OF ASSAM on 16 August 2026
GAHC010147002026 2026:GAU-AS:11666 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./1026/2026 MINTU ALI S/O SAIFUDDIN ALI, A PERMANENT R/O VILL ULUBARI, KHANDIGAR, PO AND PS TAMULPUR, DIST BAKSA, ASSAM VERSUS THE STATE OF ASSAM TO BE
GAHC010147002026
2026:GAU-AS:11666
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./1026/2026
MINTU ALI
S/O SAIFUDDIN ALI, A PERMANENT R/O VILL ULUBARI, KHANDIGAR, PO
AND PS TAMULPUR, DIST BAKSA, ASSAM
VERSUS
THE STATE OF ASSAM
TO BE REPRESENTED BY THE LEARNED PUBLIC PROSECUTOR, ASSAM
Advocate for the Petitioner : TAWHID LASKAR, MS. S NISHA SULTANA
Advocate for the Respondent : PP, ASSAM, BEFORE
HONOURABLE MR. JUSTICE ROBIN PHUKAN
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ORDER
Date : 17.08.2026
Heard Mr. T. Laskar, learned counsel for the petitioner. Also heard Ms. B. Bhuyan, learned Senior Counsel-cum-Additional Public Prosecutor, assisted by Ms. R. Saloi, learned counsel for the respondent.
2. In this petition, under Section 528 of the BNSS, 2023, the petitioner has challenged the order dated 11.02.2026, passed by the learned Sub-Divisional
Judicial Magistrate (S), Baksa, Mushalpur, in PRC No. 509/2023, arising out of Goreswar P.S. Case No. 117/2023.
3. It is to be noted here that vide order dated 11.02.2026, the learned Sub- Divisional Judicial Magistrate (S), Baksa, Mushalpur (‘trial Court’, for short) had issued a standing warrant of arrest for non-appearance of the petitioner.
4. Mr. Laskar, learned counsel for the petitioner submits that the petitioner was earlier granted bail in the aforementioned case and thereafter, he proceeded to Kerala for his livelihood and after returning back, he came to know about the pendency of the present case, and that he is ready to face the trial and therefore, he has contended to recall the standing warrant of arrest issued against the petitioner and allow him to appear before the learned trial Court and to face the trial.
5. Ms. Bhuyan, learned Senior Counsel-cum-Additional Public Prosecutor for the respondent submits that a date may be fixed for appearance of the petitioner before the learned trial Court. However, she submits that interim protection may not be extended to the petitioner.
6. Having heard the submissions of learned counsel for both the parties, this Court has carefully gone through the petition and the documents placed on record, and also perused the impugned order, dated 11.02.2026.
7. It appears that vide impugned order dated 11.02.2026, the learned trial Court, based on the report of the P & A, issued against the petitioner, has kept the matter filed and issued standing warrant of arrest against the petitioner.
8. Having heard the submissions of learned counsel for both the parties, and also considering the facts and circumstances on the record, this Court is inclined to dispose of this petition by directing the petitioner to appear before the learned trial Court on or before 21.08.2026, and to apply for regular bail, and in the event of filing such an application, the learned trial Court shall consider the same in accordance with law. Till then, the standing warrant of arrest issued against the petitioner shall be kept in abeyance.
9. In terms of above, this petition stands disposed of.
JUDGE Comparing Assistant